HINDI SAHITYA SAMMELAN ACT 1962

THE HINDI SAHITYA SAMMELAN ACT, 1962

ACT No. 13 OF 1962

30thMarch, 1962

An Act to declare the institution known as the Hindi SahityaSammelan having its head office at Allahabadto be an institution of national importance and to provide for its incorporationand matters connected therewith.

BE it enacted by Parliament inthe Thirteenth Year of the Republicof India as follows:–

1.Short title and commencement: (1) This Act may be called the Hindi SahityaSammelan Act, 1962.

(2) It shall come into force onsuch date ¹ as the Central Government may, by notification inthe Official Gazette, appoint.

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1. 28th June 1962, videNotification No.S.O.1954, dated 25-6-1962, Gazette of India, Extraordinary,part II, Sec.3 (ii), p.1471

2.Declaration of the Hindi Sahitya Sammelanas an institution of national importance: Whereas theobjects of the institution known as the Hindi Sahitya Sammelan which has itshead office at Allahabad are such as to make the institution one of nationalimportance, it is hereby declared that the institution known as the HindiSahitya Sammelan, is an institution of national importance.

3.Definitions: In this Act,unless the context otherwise requires,–

(a) "appointedday" means the date on which this Act comes into force;

(b) "prescribed"means prescribed by rules made under this Act;

(c) "Sammelan" meansthe institution known as the Hindi Sahitya Sammelan incorporated under thisAct;

(d) "Society" meansthe High Sahitya Sammelan which has its head office at Allahabad and is registered under theSocieties Registration Act, 1860.

4.Incorporation: (1) The first members of the Sammelan and allpersons who may hereafter become members thereof in accordance with the rulesmade in this behalf, so long as they continue to hold membership thereof, arehereby constituted a body corporate by the name of the Hindi Sahitya Sammelan.

(2) The Sammelan shall haveperpetual succession and a common seal with power, subject to the provisions ofthis Act, to acquire, hold and dispose of property and to contract and may bythat name sue and be sued.

(3) The head office of theSammelan shall be at Allahabad.

¹ [(4) The first members of the Sammelanshall be–

(a) allpersons who, immediately before the appointed day, were members of the Society;

(b) allpersons who, before that day, have been Presidents of the Society; and

(c) allpersons who, before that day, were awarded the Mangla Prasad Paritoshik by theSociety.]

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1. Substituted for originalsub-section (4) by the Hindi Sahitya Sammelan (Amendment) Act, 1963 ((1) of 1963)Section 2.

5.Effect of incorporation of Sammelan: On and from the appointed day,–

(a) anyreference to the Society in any law (other than this Act) or in any contract orother instrument shall be deemed as a reference to the Sammelan;

¹ [(b) all property, movable or immovable, of the Society shall bethe property of the Sammelan;]

(c) allrights and liabilities of the Society shall ² [*] be the rights and liabilities of, the Sammelan; and

(d) every person employed bythe Society immediately before the appointed day shall his office or service inthe Sammelan by the same tenure, at the same remuneration and upon the sameterms and conditions and with the same rights and privileges as to pension,leave, gratuity, provident fund and other matters as he would have held thesame if this Act had not been passed, and shall continue to do so unless anduntil his appointment is terminated or until his tenure or terms and conditionsare duly altered by the rules made in this behalf:

Provided that if the alterationso made is not acceptable to any such employee, his employment may beterminated by the Sammelan in accordance with the terms of the contract withthe employee or, if no provision is made therein in this behalf on payment tohim by the Sammelan of compensation equivalent to three months remuneration inthe case of permanent employees and one months remuneration in the case ofother employees.

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1. Substituted for originalclause (b) by the Hindi Sahitya Sammelan (Amendment) Act, 1963 ((1) of 1963)Section 3 (i).

2. The words "betransferred to, and" omitted by the Hindi Sahitya Sammelan (Amendment) Act, 1963 ((1) of 1963)Section 3 (ii).

6.Functions of Sammelan: Subject to the provisions of this Act and therules made thereunder, the Sammelan shall perform the following functions,namely:–

(a) topromote the spread of Hindi language and to develop it and secure itsenrichment in the manner indicated in article 351 of the Constitution;

(b) towork for the promotion development and advancement of Hindi literature in India andforeign countries and to print and publish such literature;

(c) towork for the promotion, development and advancement of Devanagari script, andto print and publish literature of other Indian languages in Devanagari script;

(d) toarrange for the holding of examinations through the medium of Hindi languageand to confer degrees, diplomas and other academic distinctions;

(e) toestablish and maintain schools, colleges and other institutions for instructionin Hindi language and Hindi literature and also to affiliate schools, collegesand other institutions for its examinations;

(f) toaffiliate institutions having for their object the promotion of Hindi languageand Hindi literature;

(g) toaward honorary degrees and other academic distinctions to persons who may haverendered distinguished service to the cause of Hindi;

(h) toinstitute and award prizes (Paritoshiks) to distinguished scholars in Hindi;

(i) topromote and encourage research in Hindilanguage and Hindi literature;

(j) toco–operate with other institutions having objects similar to those ofthe Sammelan, in such manner as may be conducive to their common objects;

(k) toreceive gifts, grants donations or benefactions from the Government and toreceive bequests, donations or transfers of movable and immovable propertiesfrom testators, donors or transferors, as the case may be;

(l) todeal with any property belonging to or vested in the Sammelan in such manner asthe Sammelan may deem fit for advancing the objects of the Sammelan;

(m) withthe approval of the Central Government to borrow on the security of theproperty of the Sammelan money for the purposes of the Sammelan;

(n) toperform such other functions as may be deemed necessary by; the Sammelan foradvancing the cause of Hindi language and Hindi literature or as may benecessary, incidental or conducive to the performance of all or any of theabove functions.

7.Governing Body: (1) The generalsuperintendence, direction and management of the affairs of the Sammelan shallvest in a Governing Body, by whatever name called.

(2) The Governing Body shallconsist of such number of persons not exceeding fifty–five as theCentral Government may from time to time determine, of whom not more than sevenshall be nominated by the Central Government from among educationists of reputeor eminent Hindi scholars, and the remaining members shall be chosen inaccordance with the rules made in this behalf.

(3) Subject to the provisionsof this Act, the powers and functions of the Governing Body, the term of officeof, and the allowances, if any, payable to, members thereof, the procedure tobe followed by the Governing Body for the transaction of its business, thequorum necessary therefor and the manner of filling casual vacancies among themembers thereof shall be such as may be prescribed.

8.First Governing Body and its duties:(1) Notwithstanding anything contained in section7, the Central Government may, by notification in the Official Gazette,constitute the first Governing Body consisting of a Chairman, a Secretary, andthirteen other members to be appointed by that Government.

(2) The thirteen membersreferred to in sub–section (1) shall be chosen as follows:–

(i) onemember to represent the Ministry of the Central Government dealing witheducation;

(ii) onemember to represent the Ministry of the Central Government dealing withfinance;

(iii) notmore than three members from among the former Presidents of the Society; and

(iv) theremaining number from among persons who are, in the opinion of the CentralGovernment eminent in the field of Hindi language or Hindi literature.

(3) It shall be the duty of thefirst Governing Body of the Sammelan,–

(a) toperform all functions of the Sammelan and to carry on the administration of theaffairs of the Sammelan until a Governing Body is constituted in accordancewith the provisions of section 7;

(b) tomake tie rules with the approval of the Central Government;

(c) todetermine the first members of the Sammelan within the meaning of sub–section(4) of section 4;

(d) totake all necessary steps for the constitution of the Governing Body inaccordance with such rules;

(e) toperform such other functions as it may consider necessary.

9.Term of office and procedure offirst Government Body and allowance payable to members thereof: (1) Subject to the provisionsof section 14, the members of the first Governing Body shall hold office duringthe pleasure of the Central Government.

(2) All questions at a meetingof the first Governing Body shall be decided by a majority of the memberspresent thereat, and in the case of an quality of votes the Chairman or, in hisabsence, any other person presiding, shall have a second or casting vote.

(3) The quorum to constitute ameeting of the first Governing Body shall be ¹ [five] members.

(4) The members shall be paidout of the Fund of the Sammelan such ² [salary or allowances or both] as may be prescribed and until soprescribed as may be specified by the Central Government in this behalf.

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1. Substituted for the word"three" by the Hindi Sahitya Sammelan (Amendment) Act, 1963 ((1) of 1963)Section 4 (i).

2. Substituted for the word"allowances" by the Hindi Sahitya Sammelan (Amendment) Act, 1963 ((1) of 1963)Section 4 (ii).

10.FirstGoverning Body to take over management of properties of Sammelan: Notwithstanding anything tothe contrary contained in any other law for the time being in force or in anyorder of a court, the first Governing Body shall take over the management,control and administration of all the properties vested in the Sammelan.

11.Determination of firstmembers: (1) The first Governing BodyShall, as soon as may be, cause to be prepared, subject to such instructions,if any, as it may receive from the Central Government a list of all persons whoare to be considered as first members of the Sammelan within a the meaning ofsub–section (4) of section 4.

(2) The list shall be publishedin such manner as may be directed by the Central Government.

(3) If at any time after thepublication of the list of the first members under sub–section (2), itappears to the first Governing, Body that the name of any person has beenwrongly omitted from, or wrongly entered in, the list it may order such name tobe inserted to omitted from that list and the list shall be amendedaccordingly:

Provided that no order omittingthe name of any person from the list shall be made unless that person has beengiven a reasonable opportunity of showing cause against omission.

(4) No person other than thepersons named in the list prepared under this section shall be considered asfirst members of the Sammelan within the meaning of sub–section (4) ofsection 4.

12.Rules to be made by thefirst Governing Body: (1) the first GoverningBody shall, as soon as may be make rules in respect of the following matters,namely:–

 

(a) thematters relating to membership, including the qualifications anddisqualification’s for membership of the Sammelan;

(b) the powers and functions ofthe Governing Body; the term of office of, and the allowances, if any, payableto, members thereof; the procedure to be followed by the Governing Body for thetransaction of its business, the quorum necessary therefore and the manner offilling casual vacancies among the members thereof;

(c) theconduct of elections for the constitution of the Governing Body and thedecisions on doubts and disputes at or in connection with the said elections;

(d) the appointment of anexecutive committee or any other committee for carrying on the functions of theGoverning Body or of the Sammelan; the constitution powers and duties of suchcommittees and the allowances, if any, payable to the members thereof;

(e) theprocedure and the forms for the maintenance of books of accounts and otherregisters and statements for the purposes of this Act;

(f) theappointment, control and other conditions of service of the employees of theSammelan;

(g) theconduct of correspondence, execution of documents and contracts for or onbehalf of the Sammelan;

(h) theconduct and prosecution of suits and proceedings by or against the Sammelan;

(i) thematters relating to the affiliation of schools, colleges and other institutionswith the Sammelan;

(j) thematters relating to the award of degrees and academic distinctions by theSammelan;

(k) thematters relating to the award of prizes (Paritoshiks) by the Sammelan;

(l) theprocedure for the amendment of the rules;

(m) suchother matters as may be necessary for the performance of the functions of theSammelan.

(2) A draft of the rulesproposed to be made under sub–section (1) shall be forwarded to theCentral Government for approval and that Government may approve the same withor without modifications.

(3) No rules made under thissection shall have effect until they are approved by the Central Government andare published by the first Governing Body in such manner as the Central Governmentmay by order direct.

(4) A copy of the rules so madeshall be laid, as soon as may be after they are made, before each House ofParliament.

13.Electionsto Governing Body: The first Governing Bodyshall, within six months of its constitution of within such further period asmay be specified by the Central Government, arrange to hold elections to theGoverning body in accordance with the provisions of the rules made undersection 12 and take such further steps as may be necessary for its due constitutionwithin the period specified as aforesaid.

14.Dissolutionof first Governing Body: On the constitution of theGoverning Body under section 7 in accordance with the rules made under section12, the first Governing Body shall cease to exist and stand dissolved.

15.Fundof the Sammelan: (1) The Sammelan shall maintaina Fund to which shall be credited–

(a) allfees and other charges received by the Sammelan;

(b) allmoneys received by the Sammelan by way of grants, gifts, donations,benefactions, bequests of transfers; and

(c) allmoneys received by the Sammelan in any other manner or from any other source.

(2) The Fund shall be appliedtowards meeting the expenses of the Sammelan in the performance of itsfunctions under this Act, including allowances, if any, payable to the membersof the Governing Body or of any Committee and the salaries and allowances, ifany, of the employees of the Sammelan.

16.Accountsand audit: (1) The Sammelan shall maintain properaccounts and the relevant records and prepare an annual statement of accountsincluding the balance–sheet in such form as may be prescribed.

(2) The accounts of theSammelan shall, once at least in every year, be audited by a charteredaccountant in practice within the meaning of the Chartered Accountants Act,1949, to be appointed annually by the Sammelan:

(38 of 1949)

Provided that no member of theSammelan who is a chartered accountant or person who is in partnership withsuch member shall be eligible for appointment as an auditor under this section.

(3) Every auditor shall, in theperformance of his duties have at al reasonable times access to the booksaccounts and other documents of the Sammelan.

(4) Assoon as may be practicable at the end of each year, the audited accounts of theSammelan together with the audit report shall be forwarded to the CentralGovernment.

17.Powerto make rules: (1) The Governing Body may,from time to time make rules for carrying out the purposes of this Act and suchrules may amend or repeal the rules made under section 12.

(2) No rules made under thissection shall have effect until they are approved by the Central Government andare published by the Governing Body in the prescribed manner.

18.Actsand proceedings Not to be invalidated by vacancies, etc.: No act of the Sammelan, or ofthe Governing Body, or of any other body set up under the rules made in thisbehalf shall be invalid merely by reason of–

(a) anyvacancy therein, or defect in the constitution thereof, or

(b) anydefect in the election, nomination or appointment of a person acting as amember thereof, of

(c) anyirregularity in its procedure not affecting the merits of the case.

19.Powerto remove difficulties: If any difficulty arises ingiving effect to the provisions of this Act, the Central Government may, byorder published in the Official Gazette, make such provision or give suchdirections not inconsistent with the purposes of this Act, as appears to it tobe necessary or expedient for removing the difficulty.